Cobaugh v State of New York
Motion No: 2024-02179
Slip Opinion No: 2025 NY Slip Op 74965(U)
Decided on August 22, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M307390

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

ELENA GOLDBERG VELAZQUEZ, JJ.

2024-02179, 2024-02181

Susan M. Cobaugh, appellant,

v State of New York, respondent.

(Claim No. 135308)

DECISION & ORDER ON MOTION

Appeals from a judgment of the Court of Claims, dated January 10, 2024, and a decision of the same court dated December 7, 2022. Motion by the respondent to dismiss the appeals on the ground that the appellant has failed to obtain, serve, and file the transcripts of the trial or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is granted to the extent that, on or before September 22, 2025, the appellant shall serve and file copies of the transcripts of the trial in the above-entitled action via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the transcripts, and uploading a digital copy of the transcripts, with proof of service thereof, through the digital portal on this Court's website; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the transcripts by regular mail, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before October 22, 2025, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHRISTOPHER, FORD and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court